Opinion
No. Mag. S-98-0306 EFB.
May 16, 2011
ORDER
On December 15, 1998, defendant plead guilty to two counts of a criminal information and was placed on limited supervised probation for a term of 12 months. On April 6, 2011, defendant filed a California Judicial Council form entitled "Petition for Dismissal." It appears that defendant seeks to expunge his federal criminal conviction but is attempting to use the California procedures under the California Penal Code, which have no application here. Although the United States Code provides for expungement in very limited circumstances, defendant is informed that expungement is not available for his federal criminal conviction. Defendant's sole recourse would be to apply to the Office of the Pardon Attorney for executive clemency or presidential pardon as authorized under Article II, Section 2, of the Constitution. Information may be found atwww.usdoj.gov/pardon.
Accordingly, the petition is denied.
IT IS SO ORDERED.